Florida Basic Recruit Training Program High Liability (First Aid) Practice Exam

Negligence typically occurs when which of the following is present?

1. Duty to act

2. Malice intent

3. Standard of care

4. All of the above

The correct answer is: Duty to act

Negligence is a legal concept often defined by specific criteria, one of which is the existence of a duty to act. This means that a person or entity has a responsibility to provide a certain standard of care to avoid causing harm to others. If that duty is breached, and someone is harmed as a result, negligence may be established. In the context of negligence, having a duty to act is fundamental because it establishes the relationship between the parties involved. For instance, healthcare providers have a duty to act in a manner that meets professional standards of care toward their patients. If they fail to perform their duties appropriately and someone is injured, this can lead to a finding of negligence. While standard of care and malice intent can relate to negligence cases, they are not required elements. Standard of care refers to the level at which a qualified individual would act in a specific situation, while malice intent usually pertains to actions taken with the intention to harm, which is not necessary for finding negligence. Therefore, the presence of a duty to act is the primary factor in demonstrating a case of negligence.